Town of Heart's Content Municipal Plan (2023-2033)
Heart's Content, Newfoundland and Labrador
· adopted 2023-12-19
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Town of Heart's Content
Municipal Plan
2023-2033
Prepared for the Town of Heart's Content
by
Baird Planning Associates
Urban and Rural Planning Act 2000
Resolution to Adopt
Town of Heart's Content
Municipal Plan, 2023 - 2033
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town
Council of Heart's Content adopts the Heart's Content Municipal Plan.
Adopted by the Town Council of Heart's Content on the 19th day of December 2023
Signed and sealed this t},j day of~~=
- ~--- 2024
Mayor:
Clerk: ~~
C1k~
Alice Cumby
Canadian Institute of Planners Certification
(Council Seal)
I certify that the attached Municipal Plan has been prepared in accordance
with the requirement of the Ur an and Rural Planning Act 2000.
Urban and Rural Planning Act 2000
Resolution to Approve
Town of Heart's Content
Municipal Plan, 2023 - 2033
Under the authority of Section 16, Section 17, and Section 18 of the Urban and Rural
Planning Act 2000, the Town Council of Heart's Content
(a) Adopted by the Heart's Content Municipal Plan on the 19th day of December 2023.
(b) Gave notice of the adoption of the Heart's Content Municipal Plan by advertisement posted:
(i) On the Town of Heart's Content Facebook page.
(ii) On notice boards at the Town Hall, Post Office, and Cable Market.
(c) Set the 18th day of January 2024 at 7:00 p.m. at the Town Hall, Heart's Content for the
holding of a public hearing to consider objections and submissions.
Now under the authority of Section 23 of the Urban and Rural Planning Act 2000, the Town
Council of Heart's Content approves the Heart's Content Municipal Plan.
SIGNED AND SEALED this t}3 day of M-
Mayor: ~
Clerk:
a~~
-'-dce~umby /~/
Municipal Plan
REGISTERED
Number ----------
Date -----------
Signature ________ _
2024.
(Council Seal)
Table of Contents
1.0 INTRODUCTION .............................................................................................................................. 1
1.1
Purpose of the Municipal Plan ................................................................................................... 1
1.2
Plan Preparation ......................................................................................................................... 1
1.3
Contents of the Municipal Plan .................................................................................................. 1
1.4
Municipal Plan Administration ................................................................................................... 1
1.5
Interpretation ............................................................................................................................. 2
2.0 BACKGROUND REPORT ................................................................................................................... 3
2.1
Geographical Setting .................................................................................................................. 3
2.2.2
Age Structure ................................................................................................................................... 5
2.3
Households and Housing ............................................................................................................ 6
2.4
Public Consultations ................................................................................................................... 9
2.4.1
Public Information Session - March 15, 2022 .................................................................................. 9
2.4.2
Second Open House - July 4, 2022 .................................................................................................. 9
3.0 GOALS AND OBJECTIVES ............................................................................................................... 11
3.1
Community Structure and Character ....................................................................................... 11
3.2
Economic Growth and Development ....................................................................................... 11
3.3
Herit age Protection and Enhancement ................................................................................... 12
3.4
Environment ............................................................................................................................. 12
3.5
Health and Social Well-Being ................................................................................................... 12
3.6
Housing ..................................................................................................................................... 13
3.7
Transportation .......................................................................................................................... 13
3.8
Open Space and Recreation ..................................................................................................... 13
3.9
Capital Works ........................................................................................................................... 14
3.10
Governance .............................................................................................................................. 14
3.11
Municipal Finance .................................................................................................................... 14
4.0 COMMUNITY WIDE POLICIES ........................................................................................................ 15
4.1
Policy Framework ..................................................................................................................... 15
4.2
General Land Use Policies ........................................................................................................ 15
4.2.1
General Layout of the Town .......................................................................................................... 15
4.2.2
Compatibility of Uses ..................................................................................................................... 16
4.2.3
Non-Conforming Uses .................................................................................................................... 16
4.2.4
Land Development Proposals ........................................................................................................ 16
4.2.5
Consolidation and Infill of Serviced Areas ...................................................................................... 18
4.2.6
Adaptive Re-use of Existing Buildings and Properties .................................................................... 18
4.2.7
Permitted, Discretionary and Prohibited Uses ............................................................................... 18
4.2.8
Mineral Exploration ....................................................................................................................... 18
4.2.9
Mineral Working ............................................................................................................................ 19
4.2.10
Forest Resources and Trees ........................................................................................................... 19
4.2.11
Utilities ........................................................................................................................................... 19
4.2.12
Archaeological Resources .............................................................................................................. 20
4.2.13
Provision for the Disabled and Elderly ........................................................................................... 20
4.2.14
Signs ............................................................................................................................................... 20
4.2.15
Use of Discretionary Authority ...................................................................................................... 20
4.3
Heritage Policies ....................................................................................................................... 20
4.3.1
Heritage Values .............................................................................................................................. 20
4.3.2
Heritage Protection and Enhancement .......................................................................................... 22
4.3.3
Designated Heritage Properties ................................................................................................. ---- 22
4.3.4
Adaptive Re-use of Historic Buildings and Homes ......................................................................... 22
4.3.5
Use of Discretionary Authority ...................................................................................................... 22
4.4
General Environmental Policies ............................................................................................... 23
4.4.1
General Environment ..................................................................................................................... 23
4.4.2
Soils and Drainage .......................................................................................................................... 23
4.4.3
Watercourse and Wetland Protection ........................................................................................... 23
4.4.4
Freshwater and Coastal Shorelines ................................................................................................ 24
4.4.5
Steep and Unstable Slopes ............................................................................................................. 24
4.4.6
Storm Drainage .............................................................................................................................. 24
4.4. 7
Wildlife ........................................................................................................................................... 24
4.4.8
Use of Discretionary Authority ...................................................................................................... 25
4.5
Infrastructure Policies .............................................................................................................. 25
4.5.1
Water Supply System ..................................................................................................................... 25
4.5.2
Sanitary Sewer System ................................................................................................................... 25
4.5.3
Stormwater Management ............................................................................................................. 25
4.5.4
Water and Sewer Requirements for New Development ............................................................... 25
4.6
Transportation Policies ............................................................................................................. 25
4.6.1
Consideration of Environmental Impacts ...................................................................................... 26
4.6.2
Arterial Roads ................................................................................................................................ 26
4.6.3
Collector Streets ............................................................................................................................. 26
4.6.4
Local Streets ...............................................
c .................................................................................... 26
4.6.5
Future Road Connections ............................................................................................................... 26
4.6.6
Street Design and Construction ..................................................................................................... 26
4.6.7
Provision for Disabled and Elderly Persons .................................................................................... 27
5.0 LAND USE DESIGNATIONS ............................................................................................................ 28
5.1
Environmental Protection ........................................................................................................ 28
5.1.1
General Intent ................................................................................................................................ 28
5.1.2
Environmental Protection Zone ..................................................................................................... 28
5.2
Protected Water Supply ........................................................................................................... 29
5.2.1
General Intent ................................................................................................................................ 29
5.2.2
Protected Water Supply Areas ....................................................................................................... 29
5.2.3
Protected Water Supply Zone ........................................................................................................ 30
5.3
Residential-Mixed Development .............................................................................................. 30
5.3.1
General Intent ................................................................................................................................ 30
5.3.2
Compatibility of Uses ..................................................................................................................... 31
5.3.3
Use of Discretionary Authority ...................................................................................................... 31
5.3.4
Land Use Zones .............................................................................................................................. 31
5.3.5
Residential Zone ............................................................................................................................. 31
5.3.6
Mixed Development Zone .............................................................................................................. 32
5.4
Heritage District ....................................................................................................................... 34
5.4.1
General Intent ................................................................................................................................ 34
5.4.2
Compatibility of Uses ..................................................................................................................... 34
5.4.3
Guiding Principle ............................................................................................................................ 34
5.4.4
Use of Discretionary Authority ...................................................................................................... 35
5.4.5 ·
Heritage District Zone .................................................................................................................... 35
5.5
Commercial-Light Industrial ..................................................................................................... 36
5.5.1
General Intent ................................................................................................................................ 36
5.5.2
Commercial-Light Industrial Zone .................................................................................................. 36
5.6
Coastal and Marine
........................................................................................... 36
5 6 1
Intent
................................................................ 36
. .
·······························································
5.6.2
Coastal and Marine Zone ............................................................................................................... 37
5 7
Parks and Open Space .............................................................................................................. 37
· 5.7.1
General Intent ................................................................................................................................ 37
5.7.2
Parks and Open Space Zone ........................................................................................................... 37
5 8
Rural
........................................................................................... 38
· 5.8.1
General Intent ................................................................................................................................ 38
5.8.2
Rural Zone ...................................................................................................................................... 38
6.0 IMPLEMENTATION ........................................................................................................................ 40
6.1
Administration of the Plan ....................................................................................................... 40
6.1.1
Map Interpretation ........................................................................................................................ 40
6.1.2
Development Applications ............................................................................................................. 40
6.1.3
Subdivision Proposals and Agreements ......................................................................................... 41
6.2
Public Participation .................................................................................................................. 41
6.3
Development Regulations ........................................................................................................ 41
6.3.1
Council Responsibility .................................................................................................................... 41
6.3.2
Content .......................................................................................................................................... 42
6.4
Development Control ............................................................................................................... 42
6.4.1
Municipal Plan is Binding ............................................................................................................... 42
6.4.2
Council Responsibility .................................................................................................................... 42
6.4.3
Right to Appeal .............................................................................................................................. 42
6.4.4
Provincial and Federal Referrals .................................................................................................... 42
6.5
Amending the Municipal Plan and Development Regulations ................................................. 42
,~
6.5.1
Municipal Plan Amendment .......................................................................................................... 42
6.5.2
Stand-Alone Amendment to the Development Regulations ......................................................... 43
Heart's Content Municipal Plan, 2023-2033
Pagel
1.0 INTRODUCTION
1.1
Purpose of the Municipal Plan
The Heart's Content Municipal Plan, 2023-2033 will provide for the development of the Planning
Area over the ten-year planning period from 2023 to 2033 in accordance with Section 13(2) of the
Urban and Rural Planning Act 2000 (also referred to as the Act).
The Municipal Plan was drafted following a comprehensive review of development and land use
issues in Heart's Content and consultations with Council, residents, and interested government
agencies. Relevant planning issues were reviewed as required under the Act, including a study
of land use, population change, economic and social issues, transportation, municipal services,
and environmental issues.
1.2
Plan Preparation
This Municipal Plan reflects the review of land use, environmental, demographic, social, and
economic issues, consultations with Town Councillors and staff, and public comments received
through the community participation process.
The Plan guides future growth and physical improvement of the Town by identifying locations and
policies for various types of land use development. The Municipal Plan provides the basis for the
Land Use, Zoning, and Subdivision Regulations (generally referred to as the Development
Regulations), which Council will administer through subdivision approvals and development
permits. The Municipal Plan authorizes Council to prevent the undertaking of any development
that contravenes a policy stated in the Municipal Plan.
1.3
Contents of the Municipal Plan
The Municipal Plan, comprising this document and the accompanying Future Land Use Maps,
constitutes a legal document pursuant to the Urban and Rural Planning Act 2000. It contains:
-
The aims of Council (goals and objectives).
-
Land use policies for future development.
-
Future Land Use maps, which allocate land for future development, environmental
protection, and natural resource uses.
The Background Report in Section 2.0 describes conditions in the town at the time the Municipal
Plan was prepared and summarizes input received in the public consultations. The Background
Report does not form part of the legal document.
1.4
Municipal Plan Administration
After Ministerial approval of the Heart's Content Municipal Plan was published in the
Newfoundland and Labrador Gazette, the Plan became binding upon Council and all other
persons, corporations, and organizations. Council administers the Municipal Plan by carrying out
the Plan's policies. This is done in several ways:
-
By preparing and implementing the Development Regulations,
-
By issuing development permits to applicants wishing to subdivide land, erect or
architecturally alter a building or structure, or change the use of a building or land, or
Baird Planning Associates
Heart's Content Municipal Plan, 2023-2033
Page2
conversely, refusing to issue permits for developments that are not in accordance with the
Plan,
-
By issuing demolition permits to applicants wishing to remove buildings or structures, or
conversely, refusing to issue permits or demolitions that are not in accordance with the
Plan,
-
By adopting or approving development schemes, concept plans, comprehensive plans,
and so forth.
In accordance with Section 25 of the Act, Council may make amendments to this Plan and
Development Regulations at any time. Amendments will be brought into effect by the same
process used to bring the Municipal Plan into effect. Sections 14 to 25 apply to an amendment
to the plan and development regulations.
1.5
Interpretation
In this Municipal Plan:
-
"Council" means the Council of the Town of Heart's Content.
-
"Development Regulations" mean the Heart's Content Development Regulations.
-
"Municipal Planning Area" means the Heart's Content Municipal Planning Area.
-
"Town" means the Town of Heart's Content.
Baird Planning Associates
~'
Heart's Content Municipal Plan, 2023-2033
Page3
2.0 BACKGROUND REPORT
2.1
Geographical Setting
Exhibit's 2.1 to 2.4 show the Town of Heart's Content's geographical setting. The town is located
in Trinity Bay on the west side of the Bay de Verde Peninsula. Two Provincial highways run
through and intersect in the town. The Trinity South Highway (Route 80) extends approximately
9.2 kilometres from the Heart's Desire boundary in the south to the New Perlican boundary in the
north. The Heart's Content Highway (Route 74) runs for approximately 7.3 kilometres from the
Town's eastern boundary to its intersection with Route 80. The town lies approximately 80
kilometres from the Trans Canada Highway via Route 80, 65 kilometres from the TCH via Routes
7 4 and 75, and 131 kilometres from St. John's.
Exhibit 2.3 shows the Heart's Content municipal boundaries relative to the other towns on the Bay
de Verde Peninsula. It directly borders Heart's Desire to the south and New Perlican to the north.
Other nearby towns include Whiteway, Heart's Delight-Islington, Winterton, and Hants Harbour
on the Trinity Bay side of the peninsula, and Victoria, Salmon Cove, Carbonear, and Harbour
Grace on the Conception Bay side.
Exhibit 2.4 shows the boundary of the Heart's Content municipal planning area, which covers 62.8
square kilometres. As shown in Exhibit 2.5, the Town's built-up area is concentrated along the
eastern and northern sides of Heart's Content Harbour. Hugging the coastline, most of the Town's
developed land lies within a half kilometre of saltwater. Away from the coast, land is mostly hilly
and forested or barren.
Exhibit 2.1 Regional Setting
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Baird Planning Associates
Heart's Content Municipal Plan, 2023-2033
Exhibit 2.2: Heart's Content and Surrounding Municipalities
Exhibit 2.3: Heart's Content Planning Area
Heart's Content
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Heart's Content Municipal Plan, 2023-2033·
Page5
Exhibit 2.5 - Population Change Compared to Benchmarks
Heart's Content
Census Division
Newfoundland
Census
No. 1 (Avalon Pen)
and Labrador
Pop'n
5-Year
Pop.n
Change
Pop'n
Change
Change
1996
538
251,523
551,792
2001
495
-8.0%
242,875
-9.7%
512,980
-7.0%
2006
418
-15.6%
248,418
+2.3%
505,470
-1.5%
2011
375
-10.3%
262,410
+5.6%
514,536
1.8%
2016
340
-9.3%
270,348
+3.0%
519,716
1.0%
2021
330
-2.9%
271,878
+0.6%
510,550
-1.8%
25-Year
-208
-38.7%
+18,675
+8.1%
-41,242
-7.5%
Change
2.2.2
Age Structure
Exhibit 2.6 profiles the median age of Heart's Content's population from 2001 to 2021 and draws
a comparison with the Avalon Peninsula, the province, and Canada as a whole. While all the
benchmarks are getting older, the Heart's Content population is getting older at a more rapid rate.
Its 2021 median age of 62.8 compared to 44.8 in the surrounding region, 48.4 in the province,
and 41.6 nationally. From 2001 to 2021, its median age increased by a margin of 19.8 years
compared to 7.4 in the Avalon region, 10.0 in the province, and 4.0 in Canada.
Exhibit 2.6
Median Age - Heart's Content & Benchmarks
Median Age of Population
Heart's
Avalon
NL
Canada
Content
(Div. No. 1)
2001
43.0
37.4
38.4
37.6
2006
48.0
40.2
41.7
39.5
2011
54.8
41.6
44.0
40.6
2016
59.2
43.0
46.0
41.2
2021
62.8
. 44.8
48.4
41.6
Exhibits 2.7 and 2.8 show how significantly the town's population has aged since 1996. Whereas
residents under 45 years of age comprised almost two-thirds of the population in 1996, by 2021
this age group was less than a quarter of the total. From 1996 to 2021 the 0-19 age group dropped
from 28.7% to 9.4% while the 20-44 age group dropped from 36.1% to 10.9%. In contrast over
the same period, the 45-64 age group increased from 17 .2% in 1996 to 35.9% while the 65+ age
group increased from 11.1 % to 43.8%.
Baird Planning Associates
Heart's Content Municipal Plan, 2023-2033
Age
Group
0-19
20-44
45-64
65+
Total
250
200
150
100
50
0
Exhibit 2.7
Heart's Content AQe Distribution, 1991-2021
1996
2001
2006
2011
2016
155
125
75
55
35
28.7%
24.8%
18.5%
14.3%
10.6%
195
145
100
70
40
36.1 %
28.7%
24.7%
18.2%
12.1 %
130
140
150
155
150
24.1%
27.7%
37.0%
40.3%
31 .8%
60
95
80
105
105
11 .1%
18.8%
19.8%
27.3%
31.8%
540
505
405
385
330
100.0%
100.0%
100.0%
100.0%
100.0%
Exhibit 2.8
Heart's Content Population by Age Group
1991-2021
1996
2001
2006
2011
2016
2021
-
0-19 -
20-44
45-64 -
65+
2.3
Households and Housing
Page6
2021
30
9.4%
35
10.9%
115
35.9%
140
43.8%
320
100.0%
Housing needs in a community are driven by two factors - change in population and change in
average household size. Exhibit 2.9 compares changes in Heart's Content's population and its
stock of full-time housing from 1996 to 2021 . In contrast to its population drop of 208 residents,
there was virtually no change in the number of occupied dwellings. The reason for this disparity
is that the average number of residents per household dropped from 3.17 in 1996 to 1.96 in 2021.
Baird Planning Associates
Heart's Content Municipal Plan, 2023-2033
Page 7
Exhibit 2.9
Occupied Housint Inventory 1996 - 2021
Population Occupied
Population
Dwellings
per Dwelling
1996
538
170
3.17
2001
495
180
2.75
2006
405
170
2.38
2011
375
171
2.19
2016
340
162
2.10
2021
330
168
1.96
25-Year
-208
-2
-1.22
Change
-38.7%
-1.2%
-38.4%
According to Statistics Canada, the shift to smaller households is a long-term trend driven by
demographic and societal changes. For example, from 1961 to 2011 the average number of
children per family in Canada dropped from 2.7 to 1.9. Single-person households and couples-
without-children households both now outnumber couples-with-children households.
Exhibit 2.10 profiles Heart's Content's occupied housing stock by dwelling type. It shows that
detached single dwellings make up the town's entire stock of housing in 2021 with no change
from 2016.
Exhibit 2.10
Housing by Dwellina Type 2006-16
2006
2021
Number Percent Number Percent
Single Units
170
100.0%
165
100.0%
Double Units
0
0.0%
0
0.0%
Row Units
0
0.0%
0
0.0%
Apartment Units
0
0.0%
0
0.0%
Total
170
100.0%
165
100.0%
Exhibit 2.11 shows the change in owner and renter occupied housing over the 2006-16 period. It
shows that all occupied dwellings are owner-occupied with no change from ten years earlier.
Exhibit 2.11
Owner Occupied Versus Renter Occupied Housing: 2006-16
2006
2016
Number Percent
Number
Percent
Owner Occupied
170
100.0%
165
100.0%
Renter Occupied
0
0.0%
0
0.0%
Total
170
100.0%
165
100.0%
Baird Planning Associates
Heart's Content Municipal Plan, 2023-2033
Page8
Exhibit 2.12 shows the age of housing in the town. As of 2016, 55.3% of dwelling were built before
~
1981 and the remainder after. Only 6.9% of dwellings were constructed after 2000. At the regional
level, 57.8% of units were built prior to 1980 and 42.2% after. In the province, 52.4% were built
prior to 1980 and the remainder after.
Exhibit 2.12 also provides data on the condition of the town's housing. It shows that 6.7% of the
town's housing stock needed major repairs in 2016 compared to 5.1 % in the Avalon region and
6.5% in the province as a whole.
Exhibit 2.12
Age of Housing 2016
Period of Construction
Heart's
Avalon
NL
Content
1960 or before
24.3%
17.7%
19.8%
1961-1980
31.0%
29.0%
32.6%
1981-1990
24.3%
15.5%
15.6%
1991-2000
13.8%
12.0%
11.6%
2001-2010
0.0%
16.5%
13.0%
2011-2016
6.9%
9.3%
7.4%
100.0%
100.0%
100.0%
Condition of Housing 2016
(DwellinQs bv Condition)
Needs regular maintenance only
93.3%
94.9%
93.5%
Needs major repairs
6.7%
5.1%
6.5%
Exhibit 2.13 compares average household size in Heart's Content with the surrounding census
region and the province as a whole. Between 2001 and 2021 the average number of residents
per household in the town dropped from 2.8 to 2.0, while it dropped from 2. 7 to 2.3 in both the
Avalon region and the province as a whole.
Exhibit 2.13 - Average Household Size
Heart's
Avalon Pen.
NL
Content
(CD1)
Persons per Household (Census Profiles)
2001
2.8
2.7
2.7
2006
2.4
2.5
2.6
2011
2.1
2.4
2.4
2016
2.1
2.4
2.3
2021
2.0
2.3
2.3
An interesting aspect of community housing inventories is to compare the number of occupied
and unoccupied dwellings. Unoccupied dwellings can include houses that are fully vacant or
houses that are not occupied permanent residents, for example summer homes and vacation
rental properties. Exhibit 2.14 calculates the number of unoccupied dwellings as the difference
between the number of private dwellings and occupied dwellings as defined in the Census.
Between 2001 and 2021, the number of unoccupied dwellings increased from 46 in 2001 to 57 in
2021. As a proportion of the total, unoccupied dwellings ranged from 20.4% in 2001 to 25.3% in
2021.
Baird Planning Associates
Heart's Content Municipal Plan, 2023-2033
Page9
Exhibit 2.14
Estimate of Unoccupied Dwellings
Total
Occupied
Not Occupied
Dwellings
by Usual
Residents
by Usual Residents
2001
226
180
46
20.4%
2006
214
170
44
20.6%
2011
224
171
53
23.7%
2016
217
162
55
25.3%
2021
225
168
57
25.3%
2.4
Public Consultations
2.4.1
Public Information Session - March 15, 2022
The first public consultation session took place on March 15, 2022, at the Heart's Content Town
Hall. Public notice of the session included advertisements beginning on February 24 on Council's
Facebook page ~nd notice boards in xx locations throughout Heart's Content.
The information session included an open house in the afternoon and early evening and a public
forum starting at 7:30 PM. Twenty-two people attended in person including six members of
Council and the Town Clerk. Three people participated virtually through the Town's Zoom
connection.
Planning issues raised during the session included the following:
-
Prohibit fox farms in the town's watershed and near residential areas
-
Heart's Content's water supply area extends into the Victoria Municipal Planning Area
but Victoria has it zoned Rural
-
More should be done to improve untidy public areas, also the fishing stages along the
harbour shoreline
-
Harbour shoreline could be a major tourist attraction
-
Effort is needed to prevent erosion around the harbour, for example, Hopkins Landing
-
The town's two economic drivers are the fishery and its heritage resources
-
The heritage district is essential to developing tourism. Important resources outside the
heritage district include the Lighthouse, the House of Commons, and Randell's Forge.
Council should consider extending the heritage district to take in Randell's Forge
-
There's a possible land use conflict with recreational land along the waterfront
-
Maintaining common areas for continued public use is important
2.4.2
Second Open House - July 4, 2022
The second public consultation session took place on July 4, 2022, to present the draft Municipal
Plan and Development Regulations. Public notice of the session included an advertisement
beginning on June 16 on Council's Facebook page and a notice in the Heart's Content Newsletter,
which was distributed by mail to households on June 17.
Baird Planning Associates
Heart's Content Municipal Plan, 2023-2033
Page 10
The session included an open house from 1 :30 to 4:30 PM and 6:30 to 7:30 PM and an interactive
public forum beginning at 7:30 PM.
Comments and questions addressed during the session included:
-
Question: A residential property on the shore of Mizzen Pond is zoned Parks and Open
Space. Should it be zoned Residential?
Reply: This will be corrected.
-
Question: Please clarify animal units as defined in Part 2 of the Development
Regulations.
Reply: There are two different definitions for animal unit. One relates to commercial
livestock farming and is the definition provided by the Department of Agriculture.
Commercial livestock farming is a discretionary use in the Rural zone only. The other
definition relates to personal livestock use, which is discretionary in the Residential,
Heritage District, and Mixed Development zones.
-
Question: Can fishermen store equipment and supplies on their residential properties?
Reply: Yes, under the Home Occupations regulation. See Regulation 5.9 (d).
-
Question: Will backlot development be permitted?
Reply: No.
-
Question: Can a trailer or RV be used as a stand-alone summer residence on a building
lot?
Reply: The draft Development Regulations do not allow this. It states that camping
trailers and RVs will be permitted only in a designated campground, as a secondary use
on a residential property, or as a secondary glamping facility on a residential property.
Concerns for allowing this include nuisance and property value impacts on nearby full-
time dwellings. Council may want to revisit this issue.
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3.0 GOALS AND OBJECTIVES
This section outlines the Town's planning goals and objectives for the 2023-2033 period. A goal
is a desired state, which reflects the long-term intent of Council and relates to a major area of
interest or concern. An objective is a short-range step towards achieving the goal. In this context,
an objective is an outcome or output desired by Council in less than 10-years.
3.1
Community Structure and Character
Goal:
Orderly and efficient land development and use of infrastructure and municipal
services, compatibility between land uses, avoidance of sprawl, and retention of the
Town's attractive natural and built features.
Objectives: Facilitate infilling along existing serviced streets new streets near existing streets
and infrastructure.
3.2
Goal:
Preserve and protect environmentally important and sensitive areas including water
supply areas, coastal resources, steep slopes, and visually significant features.
Preserve and maintain cultural and historic areas and buildings.
Ensure development is efficient in the use of municipal infrastructure and sensitive
to the existing physical form and historic character of the community.
Preserve and maintain heritage areas and buildings.
Facilitate better mobility for disabled and elderly residents through land and building
accessibility.
Economic Growth and Development
Diversified and balanced economic development that fosters employment
opportunities, promotes a high quality of life, contributes financially to the
municipality, and protects the environment.
Objectives: Strengthen Heart's Content's economy through development and promotion of its
historic resources, cultural landscape, vernacular architecture, and coastal scenery.
Enhance tourism through the preservation and development of the town's heritage
resources, coastal shorelines, and visitor services and facilities
Allow for compatible mixed development of residential, tourism, recreational, open
space, and heritage uses.
Enhance Heart's Content as an attractive place to live year-round and seasonally,
drawing on its scenery, ocean access, cultural heritage, and outdoor recreational
amenities.
Facilitate creative enterprises and home occupations that fit with the Town's
character and do not impinge on the reasonable enjoyment of neighbouring
properties and its historical landscape.
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3.3
Heritage Protection and Enhancement
Goals:
Development and protection of the Town's cultural heritage and architectural
resources.
Maintenance and strengthening of the Town's tourism industry.
Objectives: Strengthen Heart's Content's unique and significant place in Canadian history and
culture, particularly its status as the landing site of the first successful trans-Atlantic
cable crossing and its five centuries-long attachment to the fishery.
Conserve and protect those buildings, structures, features, and areas of Heart's
Content identified for their historic and aesthetic value
Develop, maintain, and protect Heart's Content Harbour to showcase the Town's
coastal landscape and grow local tourism.
3.4
Environment
Goals:
Conservation, protection, and enhancement of biodiversity and important and
sensitive environmental resources.
Objectives: Provide municipal services at environmentally acceptable standards.
Protect drinking water supply areas from land uses and activities that could
adversely affect water quality and quantity.
Conserve, protect, and enhance important and sensitive environmental resources,
including coastal features, lakes, streams, estuaries, wetlands, riparian areas, steep
slopes, wildlife habitat, and scenic vistas.
Reduce stormwater flows, erosion, and impacts on receiving waters by improving
how runoff is managed in developed and developing areas.
Limit development that would be injurious to areas designated as Sensitive Wildlife
Area for Caribou.
3.5
Health and Social Well-Being
Goal:
Provision for the welfare of Heart's Content residents by addressing basic human
needs, quality of life and community services.
Objectives: Facilitate opportunities to meet the needs of residents for food, shelter, health care,
education, employment, income, and safety.
Facilitate the housing needs of residents of all ages, income levels, and physical and
mental abilities (also see Section 3.5).
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Enact development standards to address the mobility needs of elderly and disabled
residents and enhance Salvage as an accessible and age-friendly community.
Enhance Heart's Content as an accessible and age-friendly community by
3.6
Housing
Goal:
Adequate housing for all residents regardless of age, income, abilities, and family
status.
Maintenance of a pleasant residential environment.
Objectives: Allocate sufficient residential land to meet anticipated requirements for the next ten
years.
Protect residential quality of life and property values.
Provide for the development of affordable housing for all residents.
Manage residential development in a manner that preserves and protects sensitive
environments and public open space.
Facilitate residential infilling along existing streets and where possible encourage
development of vacant land near existing streets and water mains.
3. 7
Transportation
Goal:
Efficient and safe roads, trails, and pedestrian facilities to provide for motorized and
non-motorized transportation needs in Heart's Content.
Objectives: Maintain safe and efficient access to all residential areas, commercial
establishments, and recreational areas.
Appropriately address the needs of disabled and elderly residents in the planning
and design of streets, sidewalks, crosswalks, parking areas, and trail systems.
3.8
Open Space and Recreation
Goals:
Provision of attractive natural areas and outdoor facilities to accommodate active
and passive recreation for residents and visitors
Objectives: Involve residents and local businesses in the planning of open space, trails, and
associated infrastructure.
Support community organizations in organizing recreation and festival activities and
events.
Protect and enhance public access to the Town's coastal shorelines and scenic
viewsheds.
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3.9
Capital Works
Goal:
Acceptable and consistent level of water, sewer, and transportation services.
Full utilization of existing capacity prior to investing in new municipal infrastructure.
Objectives: Maintain a water system capable of providing an adequate quantity and quality of
drinking water to all feasible areas.
Maintain an efficient sanitary sewer system capable of accommodating existing and
future sewage flows.
Maintain a safe and efficient transportation system for automobiles and pedestrians.
3.10 Governance
Goal:
Effective, efficient, and equitable municipal services to all residents within the fiscal
capacity of the Town.
Collaboration with other levels of government, community organizations, and the
business community to facilitate opportunities to improve municipal services and
economic development.
Objectives: Promote public participation in municipal governing processes, including Council
elections, committee activities, and decisions-making on important municipal
matters.
Deliver municipal administration and services effectively, efficiently, openly, and
within the Town's fiscal capacity.
Govern the Town in compliance with relevant legislation such as the Municipalities
Act 1999 and the Urban and Rural Planning Act 2000.
3.11 Municipal Finance
Goal:
Management of municipal expenditures and revenues to provide municipal services
within a framework of long-term financial stability.
Objectives: Manage municipal expenditures and debt burdens in a prudent manner and
according to the Town's ability to pay.
Enlarge the Town's economic base to generate more tax revenues.
Ensure that growth-related capital costs do not place an undue burden on residents'
ability to pay.
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4.0 COMMUNITY WIDE POLICIES
4.1
Policy Framework
This section provides the policy framework for the planning of Heart's Content as expressed in
the Goals and Objectives stated in Section 3.0.
The overriding thrust of the Heart's Content Municipal Plan is to ensure the continuance of an
efficient and sustainable community, maintain the town's attractive character based on a
compatible mix of built-up development and green space, protect environmentally sensitive
resources, protect and enhance its cultural landscape and historic buildings, and optimize
economic development opportunities, particularly in relation to cultural, heritage, and outdoor
tourism and the fishery.
To accomplish the overall intent of the Plan, the following policy initiatives are put forward:
(a)
Areas that can be developed and serviced at the most reasonable long-term costs to the
Town will be given priority for future growth. Highest priority is placed on the infilling of
serviced vacant land. Second priority is placed on developing areas that are affordably
close to existing streets and piped services. Development will be restricted in areas that
would entail prohibitive or unnecessary costs to develop and maintain new infrastructure
and provide services.
(b)
Prominent features that contribute to the character of the community, particularly historic
buildings and sites, harbour front, open space, trails, and scenic vistas, will be protected
and maintained to the fullest extent possible.
(c)
A high standard will be maintained for both the built and natural environments, particularly
the protection of heritage buildings and sites, harbour shoreline, and environmentally
sensitive coastal features, watercourses, wetlands, steep slopes, and vulnerable marine
and aquatic habitat.
(d)
Capital works will be undertaken in an efficient, financially prudent, and environmentally
responsible manner.
4.2
General Land Use Policies
4.2.1
General Layout of the Town
(1)
Council will encourage the consolidation of development in areas that are economical to
connect to existing roads and service with water and sewer.
(2)
Council may refuse proposed developments in locations where municipal services are
inadequate or where it would be uneconomic to develop and maintain municipal services.
(3)
In certain areas with limited opportunity for connection to municipal water and/or sewer
services, Council may consider allowing unserviced residential development subject to
compliance with relevant Provincial regulations and standards.
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4.2.2
Compatibility of Uses
(1)
As much as is reasonable, Council will ensure that new developments will not negatively
affect existing land uses through the creation of hazards or nuisances such as noise, dust,
odour, congestion, or unsightly appearance.
(2)
Council will ensure that new developments, including new buildings, building alterations,
and demolitions, will not negatively affect heritage resources and the character of the
existing townscape.
(3)
Council will carefully manage development to preserve and enhance the Town's historic
landscape, facilitate related economic opportunities, and preserve the character and
amenity of residential housing.
(4)
Council will strive to achieve the vision for heritage development expressed in its
Heritage Regulations: "To conserve and protect those buildings, structures, features,
and areas of Heart's Content identified for their historic and aesthetic value and for
their potential to improve our community, instill civic pride, and improve the local
economy through tourism-related businesses while protecting their main use."
4.2.3
Non-Conforming Uses
In accordance with the Urban and Rural Planning Act 2000, a use of land that legally existed on
the date of the registration of this Municipal Plan shall be allowed to continue irrespective of its
conformity to the Plan or Development Regulations.
4.2.4
Land Development Proposals
1.
Site Environmental Suitability
When reviewing a proposed development or subdivision of land, Council will consider the site's
suitability with respect to soils, geology, coastal shorelines, watercourses, wetlands, steep slopes,
climate change concerns, and overall environmental sensitivity. When considering approval,
Council will ensure that the development will have minimal negative effects on water resources,
coastal features, surrounding properties, nearby heritage sites and buildings, and the Town's
general historic character.
2.
Coordination with Surrounding Development
New developments will be coordinated with surrounding existing developments, the street
network, and municipal infrastructure. New developments may be required to provide for access
to adjacent undeveloped lands.
2.
Municipal Services and Access
The scale of new development must be appropriate with the provision of municipal services and
street access. Council will ensure that a new development will make efficient use of existing
streets and infrastructure and will not create unreasonable servicing demands or costs. If Council
deems that a proposed development cannot be efficiently connected to or serviced by existing
infrastructure, it may refuse the development.
3.
Unserviced Development
Before approving a subdivision or building permit application in a location where municipal water
and/or sewer services cannot be provided, Council will ensure that the development complies
~
with all applicable Provincial regulations and requirements for unserviced development including:
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(a)
The "Groundwater Supply Assessment and Reporting Guidelines for Subdivisions
Serviced by Individual Private Wells" (www.gov.nl.ca/mae/files/waterres-requlations-
appforms-unserviced-subdivision-qw-assessment-quidelines-dwh-revisions.pdO
(b)
The Sanitation Regulations under the Public Health Act
(www.assembly.nl.ca/1eqislation/sr/regulations/rc960803.htm
4.
Site Environmental Suitability
When reviewing a proposed development or subdivision of land, Council will consider the site's
suitability in terms of soils, geology, location of watercourses and wetlands, steepness of grades,
impact on open space and viewsheds, impact on threatened and vulnerable animal, bird, and
plant species, and general environmental sensitivity.
5.
Land Needed for Environmental Protection
When approving a development, Council may require portions of the proposed site to be set aside
from development to protect environmentally sensitive land. Council's authority to require land to
be set aside for environmental purposes derives from Section 13(3) of the Urban and Rural
Planning Act 2000. Land needed for such purposes will not be included in the calculation of land
for public use as set out in Section 37(1) of the Act.
6.
Stormwater Control (Refer also to Section 4.4.6)
Council will require land developments to include reasonable measures to reduce stormwater
runoff from the site, including as necessary the setting-aside of green areas for stormwater control
and infiltration. In addition, it may require individual landowners to take measures to reduce runoff
such as minimizing pavement and other impervious surfaces and installing soakaways to infiltrate
runoff directly into the ground.
7.
Land for Public Use
In accordance with Section 37 of the Act, for each subdivision approval, Council may require the
developer to convey an area of land to the Town for open space or other public use. This
conveyance would be equal to up to ten per cent of the gross area of the land to be developed.
Land to be set aside must be high quality land suitable for the purpose.
Alternatively, in lieu of land dedication, Council may accept a sum of money that is equivalent to
the value of the land that would have been conveyed.
8.
Public Input
Council may seek input from nearby residents and landowners when reviewing development
proposals.
9.
Council Decision
Council will review each development application on a case-by-case basis and may:
(a)
Approve the application as proposed,
(b)
Approve the application subject to certain terms or conditions,
( c)
Defer a decision subject to more detailed information or requested modifications to the
proposal, or
(d)
Refuse the application if it deems that the development:
(i) would be unsuitable for the location
(ii) would be prohibitively expensive to service or maintain
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(iii) would create environmental or other problems that cannot be sufficiently corrected or
mitigated
4.2.5
Consolidation and Infill of Serviced Areas
(1)
Council will encourage moderate intensification of development in areas that are
accessible to piped water and sewer services. This can occur through infilling of vacant
land along existing roads and keeping new street development near existing infrastructure.
(2)
Proposals for infill development will be assessed in terms of compatibility with the
surrounding area, heritage sites, the coastal landscape, and retention of open space and
access to harbour and freshwater shorelines.
(3)
Infill development must comply with Council's development standards with respect to lot
size, frontages, installation of municipal services, environmental protection, retention of
open space, access to backland areas, and provision for current or future public works.
4.2.6 Adaptive Re-use of Existing Buildings and Properties
Council will encourage adaptive reuse of existing buildings and properties for land uses that are
permitted within the designation and would be compatible with nearby existing land uses.
4.2. 7 Permitted, Discretionary and Prohibited Uses
1.
Permitted Uses
For every zone included in the Development Regulations, Council will decide the classes of
development that will be permitted in that zone. Generally, any proposed development that
qualifies as a permitted use class in a particular zone will be permitted in that zone.
2.
Discretionary Uses
Council may decide that certain classes of land use should be set out as discretionary uses in a
particular zone in the Development Regulations, where:
(a)
The suitability of the use is not clear and may depend on the characteristics and
circumstances of individual locations within the zone,
(b)
Council determines that the use might negatively affect the predominant uses of the zone
and, in order to prevent or mitigate this impact, it would be desirable to consult with the
public prior to taking a decision to approve or refuse a development permit.
(c)
Council determines that the use might be incompatible with the heritage or general
character of an area or an important scenic resource and, in order to prevent or mitigate
this impact, it would be desirable to consult with the public prior to taking a decision to
approve or refuse a development permit.
(d)
It is necessary to attach conditions to an approval to ensure that the use is developed in
a way that is compatible with nearby land uses and the character of area.
3.
Prohibited Uses
If a proposed development does not qualify as permitted or discretionary use class as set out in
a particular zone, the development will be prohibited in that zone.
4.2.8
Mineral Exploration
(1)
Mineral exploration that is classed as a development (by virtue of drilling, appreciable
~.
ground disturbance, or construction of access roads) may be permitted in certain
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designations, provided that necessary Provincial approvals have been obtained and
adequate provision has been made for environmental protection, site reinstatement,
landscaping, buffering, or mitigations of impacts on residential, commercial, industrial,
institutional, and recreational areas.
(2)
Mineral exploration that is not classed as a development will be permitted anywhere in the
Planning Area provided that the Town is given reasonable notice, necessary Provincial
approvals have been obtained, and owners of private land have given consent as per
Paragraph (3) below.
(3)
In accordance with Sections 12 and 13 of the Mineral Act, no exploration of any type will be
permitted on privately owned land without the consent of the landowner.
4.2.9
Mineral Working
(1)
Mineral working operations, where permitted, will be subject to terms and conditions to
minimize impacts on environmentally sensitive areas and nearby existing development.
(2)
Mineral working operations will take measures to minimize negative impacts on water
resources and other sensitive environmental resources.
4.2.1 O Forest Resources and Trees
(1)
Forests will be preserved and protected to produce timber-based products and domestic
wood harvesting, as well as the realization of important non-timber values such as fish and
wildlife habitat, water quantity and quality, biodiversity, scenery, recreation, and tourism.
(2)
Harvesting of forests and trees will respect the Town's objectives for environmental
protection, preservation of scenery, outdoor recreation, stormwater control, and drinking
water protection.
(3)
In order to preserve a site's natural characteristics and attractiveness for development,
Council may restrict, or set conditions on, tree removal in areas planned for future residential
development.
4.2.11 Utilities
1.
Utility Easements and Facilities
Utility uses, such as transmission lines, communication towers, stormwater drains, water and
sewer pipes and treatment facilities, energy generation facilities, and pollution control facilities,
may be permitted in all land use designations subject to conditions set by Council. Council may
restrict the development of certain utilities within the Environmental Protection designation.
2.
Alternative Energy Facilities
At Council's discretion. wind, small hydro, and solar energy generation facilities may be permitted
in any land use designation subject to conditions, including the following:
{a)
The location and design of such utilities shall take into consideration potential impacts on
nearby land uses, persons, and the natural environment.
{b)
Wind generators permitted within built-up areas will be limited to single turbines designed
to serve individual properties.
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(c)
To provide for adequate safety and comfort of persons and properties, Council will ensure
that there is an adequate separation distance between any type of wind generator and
nearby buildings and structures.
(d)
Energy utilities are subject to required approvals by relevant provincial and federal
departments.
4.2.12 Archaeological Resources
Archaeological sites are protected under the Historic Resources Act. If such a site is discovered,
development will stop and no further development will occur until the Provincial Archaeology
Office has been notified and provided direction on whether or how the development should
proceed.
4.2.13 Provision for the Disabled and Elderly
Council will consider the mobility needs of disabled and elderly residents in the planning and
design of municipal streets, recreational facilities, and when approving commercial, public, and
large residential buildings and facilities.
4.2.14 Signs
(1)
Unless otherwise exempted in the Development Regulations, the erection of advertising
and notice signs will be subject to the approval and standards of Council.
(2)
In addition to a permit from Council, the erection or display of a sign on Provincial Routes
7 4 and 80 will require approval from Digital Government and Service Newfoundland and
Labrador.
4.2.15 Use of Discretionary Authority
Council may exercise its discretionary authority to prohibit or set conditions on a development
when, in its opinion, that development might be incompatible with, or result in undesirable impacts
on, existing land uses, especially heritage buildings and sites.
4.3
Heritage Policies
Council places high priority on preserving and strengthening Heart's Content's unique place in
Newfoundland and Labrador and Canadian history. Protecting and enhancing the Town's built
and natural heritage is fundamental to this goal and to the importance of tourism in the local
economy.
Land use decisions by Council will duly consider how heritage properties, sites, and scenic
viewsheds will be affected.
4.3.1
Heritage Values
Historic Significance
The English fishery started in Heart's Content in the 1600's and despite periods of uncertainty
has continued to the present day. Permanent residency slowly developed in the 1730's and 40's,
but it was a century later when the population really began to grow with the increasing prosperity
of the fishery. The Society of United Fishermen was formed in Heart's Content in the 1860's and
built the SUF Lodge No.1, which remains a prominent part of the community.
The fishery is the reason that people first settled in Heart's Content, however it was the first
/""i.
successful landing of a transatlantic telegraph cable in 1866 that sets the history of Heart's
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Content apart. The cable landing connected North America to the Europe and resulted in Heart's
Content becoming an important hub in international communications. This attracted workers from
both Canada and England resulting in a substantial increase in population. They brought with
them cultural activities, lifestyles, and social classes that until then were unfamiliar.
Description of Historic Place
The present-day community of Heart's Content is spread out from the north to the south side of
the harbour but most of its historic buildings are clustered centrally on the harbour's east side.
Today this area corresponds to the boundaries of the Heart's Content Heritage District, which was
so designated in 2013 by the Heritage Foundation of Newfoundland and Labrador.
The Heart's Content Cable Station, built in 1876, is a Provincial Historic Site and the centrepiece
of the Heritage District. Within walking distance of the Cable Station are numerous other historic
buildings and sites including Cable company staff houses, Hayfield United Church, the SUF and
Orangemen's halls, numerous private homes from the early 1900's and several cemeteries.
Character-Defining Elements
Heart's Content is valued for its unique place in the Newfoundland and Labrador and Canadian
history. The submarine connection between Europe and North America established the town as
an important hub for international communications. This made Heart's Content the province's first
company town while at the same time fishing continued as an important part of the economy. The
harbour, community and surrounding hills achieve aesthetic value through the styles, colours,
placement of the Cable Station, surrounding historic buildings, cemeteries, and striking harbour
landscape.
While not necessarily an exclusive list, the following are key elements that define the cultural and
natural character of Heart's Content and are important for preserving heritage and aesthetic
values:
-
Heart's Content Cable Station, constructed in 1876 (Provincial Historic Site)
-
Society of United Fish men Hall No. 1, constructed in 1869 (registered heritage structure)
-
Heyfield Memorial United Church, constructed in 1878 (registered heritage structure)
-
Cable Staff Houses No. 1 and No 2 constructed in 1882 (registered heritage structures)
-
Orangeman's Hall, constructed in 1880
-
Anglo-American House, constructed in 1881
-
Old Jack's Shop, constructed in 1900
-
Heart's Content Lighthouse, constructed in 1901
-
Western Union staff houses, constructed in 1918
-
Western Union Operator's House, constructed in 1921 (registered heritage structure)
-
Methodist School (now the Mizzen Museum), constructed in the 1920s
-
A number of early-20th century two-storey houses and bungalows
-
Uncle Bill Piercey's Store also known as the House of Commons (registered fisheries
heritage site)
-
Several cemeteries including Hayfield United Church Cemetery and the Anglian Church
Cemetery on Main Road
-
Anglo-American Coal Shed
-
Historic rock walls and path supports, including the stone wall abutting the Anglican
Cemetery on Main Road
-
Other early-20th century two-storey homes and bungalows
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-
Traditional paths and roadways to the shoreline and surrounding hillsides and
barrens used for berry picking, firewood cutting, and hunting
-
The closed-in harbour sheltered by surrounding hills'
-
New hiking trails and hillside viewpoints overlooking the harbour, community and
oceanside
4.3.2
Heritage Protection and Enhancement
(1)
Council will endeavour to protect sites, buildings, structures, and viewsheds that are
important for preserving Heart's Content's built and natural heritage. This includes historic
buildings and sites, the harbourfront, historic homes, scenic hillsides, and in particular the
buildings and cultural landscape within the Heart's Content Heritage District.
(2)
When reviewing a development or demolition application or proposed subdivision of land,
Council will consider the potential effects on the Town's historic character and scenic
landscapes.
(3)
When reviewing an application to develop, demolish, or alter any building, or subdivide
land within the boundaries of the Heritage District, Council will be guided by the Heart's
Content Heritage Regulations and the advice of its Heritage Advisory Committee.
(4)
At its discretion, Council may set conditions on an approval or may refuse an application
if it deems that a proposed development is non-compliant with Heritage Regulations or will
negatively affect heritage values to a degree that cannot be sufficiently minimized or
mitigated.
4.3.3
Designated Heritage Properties
1.
Designated Provincial Heritage Properties
Council will cooperate with Provincial authorities to ensure existing and future registered
provincial historic sites and buildings are protected in accordance the Historic Resources Act
(RSNL 1990 CHAPTER H-4).
2.
Council Designation of Heritage Properties
Under authority of Section 200 of the Municipalities Act 1999, Council may designate additional
sites, buildings, and structures as "Municipal Heritage Properties."
4.3.4 Adaptive Re-use of Historic Buildings and Homes
Council will encourage the adaptive reuse of historic buildings, homes, and properties for land
uses and activities that would help to facilitate their preservation, restoration, and enhancement
of heritage values. This may include business, residential, cultural, and institutional activities that
would enhance the economic viability of their preservation.
4.3.5
Use of Discretionary Authority
Whether or not a proposed development or demolition complies with this Municipal Plan and its
Development Regulations, Council may exercise its discretionary authority to:
-
Approve a development application that, in its opinion, would contribute to the preservation
or improvement of a historic property or general heritage values of the area.
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-
Prohibit or set conditions on a proposed development or demolition that, in its opinion,
would negatively affect or interfere with the preservation of a historic property, scenic
viewshed, or general heritage values.
4.4
General Environmental Policies
Conservation values are intrinsic to this Municipal Plan. High priority is given to protecting
sensitive areas and habitat. Council will protect freshwater resources, particularly the Town's
water supply area, with a focus on maintaining water quality and minimizing stormwater impacts,
soil erosion, and watercourse degradation. Environmental sensitivity will also be of primary
consideration when reviewing proposed developments in the vicinity of coastal waters and steep
hillsides. Land use decisions will always consider environmental sustainability and biodiversity
objectives.
4.4.1
General Environment
1.
Biodiversity
Maintaining biodiversity will be of foremost consideration in the planning and approval of future
development in the Municipal Planning Area.
2.
Protection of Sensitive Areas
Environmentally sensitive lands, including the water supply area, watercourses, riparian areas,
wetlands, steep slopes, wet and unstable soils, coastal features, and terrestrial and marine
habitat, will be protected from potentially damaging development.
3.
Consideration of Environmental Impacts
Potential environmental effects will be considered when reviewing development applications. At
its discretion, and in accordance with other statutory requirements, Council may refer
development proposals for advice and/or regulatory approval to Provincial and Federal
departments and agencies such as Environment and Climate Change, Digital Government and
Service NL, Health and Community Services, the Provincial Wildlife Division, Fisheries and
Oceans Canada, and Environment Canada.
4.4.2
Soils and Drainage
(1)
Development shall be permitted only on lands with soil and drainage conditions that, in
the opinion of Council, are suitable for the proposed use.
(2)
Development in areas that are environmentally sensitive or hazardous due to wet or
unstable soils, a high water table, or unstable geological conditions, may be restricted or
subjected to terms and conditions to reduce potential impacts.
4.4.3 Watercourse and Wetland Protection
(1)
Development in the vicinity of a watercourse or wetland will be carried out in a manner
that minimizes the potential for environmental impacts, protects natural drainage, and
preserves existing public access to the water.
(2)
Conservation buffers will be established to protect watercourses from stormwater
discharges, erosion, sedimentation, pollution, and damage to important habitat for aquatic
and terrestrial species.
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(3)
Where it believes that a proposed development may affect a watercourse or wetland, at
its discretion, Council may:
(a)
establish a sufficient buffer from the edge of the watercourse or wetland where
development may not be permitted,
(b)
require such other conditions or restrictions as it deems necessary to protect the
watercourse or wetland, and/or
(c)
refuse to approve a development if it believes that identified impacts cannot be
sufficiently minimized or mitigated.
4.4.4
Freshwater and Coastal Shorelines
Development in the vicinity of freshwater and coastal shorelines shall be carried out in a manner
that is in accordance with the Provincial Policy for Development in Shorewater Zones and aims
to minimize environmental impacts, protect natural features, and preserve existing public
accesses to and along the shoreline.
4.4.5 Steep and Unstable Slopes
Steep and unstable slopes may be subject to development restrictions or other conservation
measures designed to minimize environmental impacts and hazards to humans and properties
resulting from development.
4.4.6 Storm Drainage
(1)
Development will not be permitted in a manner that may cause excessive increases in
stormwater runoff such that it could be detrimental to adjacent properties, steep and
unstable slopes, nearby watercourses, coastal shorelines, and other sensitive areas.
(2)
In areas where there is concern that development may contribute to increased surface or
sub-surface drainage, Council may require developers and landowners to:
(a)
Set aside undeveloped land where stormwater can be discharged to naturally
infiltrate into the soil.
(b)
Maintain vegetated buffers between stormwater drainage outlets and watercourses
to minimize direct discharges into watercourses.
(c)
Preserve existing trees or plant additional trees and shrubs to promote soil
infiltration and capture sediments.
(d)
Install soakaways to capture runoff and infiltrate it directly into the ground.
(e)
Channel runoff to gardens and low-lying areas on the development site and on
individual lots.
(f)
Take advantage of the topography to reduce storm drainage, for example, retain
natural depressions in the landscape to accumulate runoff and promote soil
infiltration.
(g)
Re-establish vegetative cover immediately on gravel surfaces, banks, drainage
ditches, and other areas disturbed by construction activity.
(h)
Minimize pavement and other impervious surfaces that prevent infiltration and
increase runoff.
4.4.7 Wildlife
1.
Caribou
Land in the vicinity of Easternmost Rocky Pond and Gull Pond near the eastern edge of the
Heart's Content Planning Area falls within an area designated as a Sensitive Wildlife Area for
caribou. Council will consult with the Wildlife Division prior to approving any new development in
this area so that proper mitigations may be put in place if needed.
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2.
Wildlife Habitat and Landscape Connectivity
Council will consider potential effects on wildlife habitat and landscape connectivity when making
land use and development decisions.
This could include:
-
Maintaining a 30-metre riparian buffer along wetlands and watercourses {ponds, rivers,
creeks etc.) with wider buffers when bordering land uses include higher impact uses such
as residential subdivisions and some types of agriculture.
-
Maintaining green belts that connect forested areas and other habitat patches to create
travel corridors for various wildlife species.
-
Restricting vegetation clearing within the May 1-July 31 period as disturbance can be most
detrimental during this sensitive breeding and young rearing period.
4.4.8
Use of Discretionary Authority
Council may exercise its discretionary authority to prohibit or set conditions on a development
when, in its opinion, the development might result in undesirable environmental impacts, for
example, excessive drainage onto adjacent properties, flooding, soil erosion, scouring and
siltation of streams, or injury to rare and sensitive species and habitat.
4.5
Infrastructure Policies
4.5.1
Water Supply System
Council will maintain its water supply system, including intakes, treatment plants, and distribution
system, in good working order to ensure the availability of an adequate quantity and quality of
water for the town.
4.5.2
Sanitary Sewer System
Council will maintain the town's sanitary sewer system in good working order and will not allow
landowners to connect storm drains to sanitary sewer mains.
4.5.3
Stormwater Management
Council will maintain storm drains, drainage ditches, and related facilities in good working order.
4.5.4 Water and Sewer Requirements for New Development
{ 1 )
All water and sewer infrastructure associated with new land development must meet the
minimum standards of the Town.
(2)
The costs of installing water and sewer services and connecting new lots to the municipal
system will be the sole responsibility of the developer.
4.6
Transportation Policies
The transportation system in Heart's Content includes a hierarchy of arterial, collector, and local
streets as well as public trails and walkways.
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4.6.1
Consideration of Environmental Impacts
New streets, water crossings and associated infrastructure will be located and constructed so as
to minimize adverse impacts on environmentally sensitive areas and resources.
4.6.2 Arterial Roads
1.
Purpose
The primary purpose of an arterial street is to provide safe and efficient traffic flow for vehicles
travelling to and through the Planning Area. A secondary purpose is to distribute traffic within the
Planning Area.
2.
Description
Provincial Highways 74 and 80, correspond to Main Road and Cove Road within the Heart's
Content built-up area, are the town's only Arterial Streets. Within the Planning Area, Route 7 4
runs for approximately 7 .2 kilometres from the eastern boundary to its intersection with Route 80
inside the built-up community. Route 80 extends approximately 9.5 kilometres from the Heart's
Desire boundary in the south to the New Perlican boundary in the north.
3.
Individual Accesses
Council will use its discretionary authority if necessary to prevent development of any driveway
or other private access along Main Road and Cove Road where it deems that such access would
adversely affect traffic safety and/or efficiency.
4.6.3
Collector Streets
1.
Purpose
The primary purpose of collector streets is to distribute traffic between major points and local
streets within the Town.
2.
Description
Northern Point Road is the only street that can be described as a collector street in Heart's
Content as most local streets connect directly to arterial Routes 7 4 and 80.
4.6.4
Local Streets
1.
Purpose
Local streets are intended to serve properties located on the street and generally are not used by
traffic except to access these properties and adjoining local streets.
2.
Description
Local streets include all streets except for Main Road, Cove Road, and Northern Point Road.
4.6.5
Future Road Connections
Council will ensure that appropriate street reservations are reserved along Local Streets to
provide for future connections to backland areas with development potential.
4.6.6
Street Design and Construction
(1)
The location, design, and construction of public streets will meet Council's minimum
requirements for public safety, traffic efficiency, access to adjoining land, and construction
quality.
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(2)
Except where it is not physically feasible, new streets shall be located such that there will
be sufficient land to develop lots on both sides in accordance with the development
standards of the zone.
(3)
The layout of a new street will provide adequate reservations to accommodate road
extensions and access to backland areas for future development.
(4)
The costs of constructing and connecting new streets to the municipal street system will
be the sole responsibility of the developer.
4.6. 7
Provision for Disabled and Elderly Persons
Streets, sidewalks, public walkways, parking areas, and access points to public and commercial
buildings will be designed to facilitate easy access and movement by disabled and elderly
persons.
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5.0 LAND USE DESIGNATIONS
In addition to general policies that apply throughout the Planning Area, the Town's growth and
development will be managed by designating lands to broad land use categories. These
designations are shown on Future Land Use Maps 1 and 2. Policies outlined in this section specify
Council's intent related to land use and forms of development in each of the following land use
designations.
Future Land Use Designations
Corresponding Zones
Environmental Protection
Environmental Protection
EP
Protected Water Supply
Protected Water Supply
PWS
Residential-Mixed Development
Residential
RES
Mixed Development
MD
Heritage District
Heritage District
HD
Commercial-Light Industrial
Commercial-Light Industrial
CLI
Coastal and Marine
Coastal and Marine
CM
Parks and Open Space
Parks and Open Space
POS
Rural
Rural
RU
5.1
Environmental Protection
5.1.1
General Intent
Land is designated Environmental Protection to protect environmentally important lands and
natural resources including surface water resources, wetlands, and estuaries.
5.1.2
Environmental Protection Zone
The Development Regulations shall establish one land use zone within the Environmental
Protection designation, also referred to as Environmental Protection.
Zone
Intent
Aoolication
Environmental
Protect watercourses, wetlands,
Rivers, lakes, streams, wetlands,
Protection (EP)
estuaries, and other sensitive
estuaries, and important and
lands.
sensitive habitat.
1.
Land Use
(1)
Permitted Uses
Conservation and open space are permitted. Open space may include low impact uses such as
walking trails, boardwalks, viewing platforms, picnic tables, and outdoor interpretation facilities.
(2)
Discretionary Uses
Council may permit mineral exploration, multi-use trails, transportation, and utility uses in the EP
zone.
Transportation infrastructure and utilities may be permitted at Council's discretion only if
alternative locations are not feasible and Council considers the proposed development to be in
the public interest. Development will be limited to essential infrastructure such as road crossings
of streams, bridges, culverts, drainage ditches, electrical transmission lines, water supply
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infrastructure, and sewer infrastructure. Council may consult with the Department of Environment
and Climate Change and other relevant agencies before approving a proposed development.
Multi-use trails may be permitted at Council's discretion only if alternative locations outside of the
EP zone are not feasible. Development will be restricted to the shortest reasonable routes through
the zone and subject to conditions to minimize adverse environmental impacts. A multi-use trail
will not be permitted in any area identified as a Sensitive Wildlife Area.
At its discretion, Council may permit mineral exploration that is classed as a development (refer
to definitions in Part 2) subject to the provisions of Section 4.2.8, necessary Provincial approvals,
and other conditions deemed necessary by Council.
(3)
Prohibited Uses
Uses that are not listed as permitted or discretionary will not be permitted.
2.
Excavation and Infilling of Land and Water
Excavation and infilling of land and water will not be permitted unless it is to redirect stormwater
or is a work that has been approved by the Water Resources Management Division of the
Department of Environment and Climate Change.
Council will not approve any infilling or dredging work within 15 metres of a body of water unless
a permit from the Province has been issued under the Water Resources Act 2002. Also, all
proposed infilling must comply with the Provincial Policy for Infilling Bodies of Water.
5.2
Protected Water Supply
5.2.1
General Intent
Land is designated Protected Water Supply primarily to conserve and protect the drinking water
sources for Heart's Content and the adjoining towns of New Perlican and Heart's Desire. Land
development within this designation will be limited and strictly controlled to ensure the quantity
and quality of municipal source water in these areas is not compromised. Its highest goal is to
ensure land use and development will not negatively affect surface water and recharge areas
for these water supplies.
5.2.2
Protected Water Supply Areas
(1)
The Protected Water Supply designation includes three Provincially protected water
supply areas:
- Southern Cove Pond Protected Water Supply Area
- New Perlican River Protected Water Supply Area
- Terrence Pond Protected Water Supply Area
(2)
No development of any kind will be permitted in these water supply areas without the
required approval(s) and guidance of the Water Resources Management Division of the
Department of Environment and Climate Change.
(3)
Council will monitor land uses and activities in these areas to ensure they are carried out
in a manner that will not harm water quantity and quality.
(4)
Uses or activities that are found to be taking place in a manner deleterious to the water
supply will be subject to an immediate stop-work order.
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5.2.3
Protected Water Supply Zone
The Development Regulations shall establish one land use zone within the Protected Water
Supply designation, also referred to as Protected Water Supply.
Zone
Intent
Application
Protected Water
Conserve and protect water
Corresponds to the boundaries of
Supply (PWS)
supply areas. Allow certain uses
Provincially protected Southern
to the extent that drinking water
Cove Pond, New Perlican River, and
sources will not be harmed.
Terrence Pond water supply areas.
1.
Land Use
(1)
Permitted Uses
Conservation, open space, and community gardens are permitted. Open space may include low
impact uses such as walking trails, boardwalks, viewing platforms, picnic tables, and outdoor
interpretation facilities.
(2)
Discretionary Uses
At its discretion Council may permit antennas, commercial crop agriculture, energy generation
facilities, forestry, multi-use trails, transportation, and utility uses. A multi-use trail will not be
permitted in any area identified as a Sensitive Wildlife Area.
Council may permit mineral exploration that is classed as a development subject to the provisions
of Section 4.2.8, Provincial approval, and all conditions deemed necessary by Council.
Council may permit mineral working subject to the provisions of Section 4.2.9, Provincial approval,
and all conditions deemed necessary by Council. At its discretion Council may require a
professional assessment of potential environmental impacts prior to providing approval.
Council will not approve a discretionary use unless it is satisfied that municipal source water will
not be negatively affected and all necessary Provincial approvals have been provided.
(3)
Prohibited Uses
Uses that are not listed as permitted or discretionary will not be permitted.
5.3
Residential-Mixed Development
5.3.1
General Intent
Land is designated Residential-Mixed Development to preserve the amenity of existing residential
areas and accommodate future housing needs as well as compatible development of commercial,
cultural and public uses. The intent is to maintain a pleasant residential environment and
encourage a diversity of housing types to meet changing needs. It is Council's objective to ensure
housing is available and affordable for all socio-economic groups, particularly aging residents.
The Residential-Mixed Development designation will accommodate commercial and light
industrial uses that are compatible with nearby residential areas. The designation includes some
areas that are predominantly residential and others where residential and commercial
development are intermixed. Development will be guided in a manner that preserves and protects
sensitive environments, public open space, and heritage and aesthetic values.
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5.3.2
Compatibility of Uses
(1)
In evaluating development proposals in the Residential-Mixed Development designation,
Council will pay particular attention to ensuring residential and commercial development
remains compatible.
(2)
Where an area within the Residential-Mixed Development designation is predominantly
residential in character, proposed non-residential uses will not be approved if they are
deemed to be incompatible with the residential character of the area.
(3)
Before permitting a non-residential development, Council will be satisfied that its
requirements with respect to building setbacks, buffering between uses, off-street parking,
outdoor storage, and other site related matters can be met.
(4)
Council may impose conditions to require non-residential uses to maintain an attractive
appearance and minimize adverse impacts on existing uses, including proper site layout,
buffering, screening, and control or restriction of potentially noxious activities.
5.3.3
Use of Discretionary Authority
If Council deems that a proposed development in the Residential-Mixed Development designation
will adversely affect existing land uses or the character of the area, it will exercise its discretionary
authority to set terms and conditions on the development or to refuse the application.
5.3.4
Land Use Zones
The Development Regulations shall establish two land use zones within the Residential-Mixed
Development designation - Residential and Mixed Development.
Zone
Intent
Application
Residential
Recognize existing and accommodate future
Existing and proposed
(RES)
neighbourhoods of single dwellings. Allow
residential areas.
higher density housing in appropriate areas.
Allow limited recreational housing as well as
compatible commercial, cultural, and civic
uses.
Mixed
Maintain the existing functional mix of
A compatible mix of
Development
residential and commercial land uses while
residential, commercial, and
(MD)
promoting development of vacant serviced
public land uses.
land.
5.3.5
Residential Zone
The Residential zone applies to existing residential areas fronting onto Main Road, Cove Road,
Northern Point Road and connecting side streets. It also applies to potential residential expansion
areas north of Northern Point Road and on the west side of Main Road south of the Main Road-
Cove Road intersection. Development opportunities in this zone include infill along existing streets
and new streets in areas that are sufficiently close to existing municipal services.
While single detached dwellings will remain the primary housing form in this zone, double
dwellings will be permitted and multi-unit dwellings, tiny homes, retirement establishments,
residential care homes will be considered where appropriate. Travel trailers and recreational
vehicles used for recreational living may be considered subject to compatibility standards.
Compatible commercial, cultural, and civic uses will also be considered.
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1.
Land Use
(1)
Permitted Uses
Permitted residential uses include single dwellings, double dwellings, subsidiary apartments, and
boarding houses.
Residential accessory buildings will be permitted subject to standards and conditions.
Community gardens, conservation, and open space are complementary uses that will be
permitted.
Other permitted uses include home offices, transportation, and utilities.
(2)
Discretionary Uses
Residential uses that may be permitted at Council's discretion include apartment buildings, row
dwellings, tiny houses, residential care homes, and retirement establishments.
A home occupation within a residential dwelling or a residential accessory building may be
permitted subject to conditions.
Domestic sawmills and personal livestock uses may be permitted as accessory uses on
residential lots subject to conditions.
Bed and breakfasts and visitor rental dwellings may be permitted subject to conditions to ensure
they are compatible with surrounding residential dwellings.
Tourist cottages and glamping facilities may be permitted as a secondary use on residential lots
subject to conditions to ensure they are compatible with the neighbourhood.
Travel trailers and recreational vehicles may be permitted as a standalone main use subject to
conditions to ensure compatibility within residential areas.
Antennas, arts and craft studios, catering, cemeteries, childcare, cultural and civic uses,
emergency services, energy generation facilities, kennels, mobile vending facilities, multi-use
trails, personal services, recreational open space, shops, storage rental facilities, take-out food
services, and tourist cottage establishments, may be permitted subject to conditions.
Council may permit mineral exploration that is classed as a development subject to the provisions
of Section 4.2.8, necessary Provincial approvals, and other conditions deemed necessary by
Council.
(3)
Prohibited Uses
Uses that are not listed as permitted or discretionary will not be permitted.
5.3.6
Mixed Development Zone
The Mixed Development zone applies to lands lying south of the Heritage District and extending
along Main Road to approximately 200 metres south of the Main Road-Cove Road intersection.
This designation includes some areas that are predominantly residential and others where
residential and commercial development are intermixed.
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1.
Land Use
(1)
Permitted Uses
Single dwellings, double dwellings, row dwellings, subsidiary apartments, boarding houses, and
residential accessory buildings will be permitted except where they are deemed by Council to be
incompatible with existing commercial or other non-residential uses.
Conservation, open space, and community gardens are compatible uses that will be permitted.
Arts and craft studios, bed and breakfasts, childcare, home occupations, home offices, offices,
personal services, transportation, utilities, and visitor rental dwellings will be permitted subject to
any conditions that Council deems necessary.
(2)
Discretionary Uses
Residential uses that may be permitted at Council's discretion include apartment buildings, tiny
houses, residential care homes, and retirement establishments.
Tourist cottages and glamping facilities may be permitted as a secondary use on residential lots
subject to conditions to ensure they are compatible with the neighbourhood.
Travel trailers and recreational vehicles may be permitted as a standalone main use subject to
conditions to ensure compatibility within residential areas.
Domestic sawmills and personal livestock uses may be permitted as accessory uses on
residential lots subject to conditions.
Campgrounds, catering, commercial accommodations, mobile vending facilities, take-out food
services, and tourist cottage establishments, may be permitted if they are deemed to be suitable
for the area and compatible with existing residential development.
Amusement uses, antennas, , clubs and lodges, communications,
cultural and civic uses,
drinking establishments, educational uses, emergency services, energy generation facilities,
entertainment uses, funeral homes, garden centres, gas bars, general, indoor and outdoor
assembly, general garages, general services, indoor and outdoor markets, kennels, medical
service and treatment, multi-use trails, places of worship, recreational open space, recycling
facilities, service stations, shops, shopping centres, storage rental facilities, vehicle sales and
rentals, and veterinary services may be permitted.
Contractor yards and light industries may be permitted if they are deemed to be suitable for the
area and compatible with existing uses.
Council may permit mineral exploration subject to the provisions of Section 4.2.8, necessary
Provincial approvals, and other conditions deemed necessary by Council.
(3)
Prohibited Uses
Uses that are not listed as permitted or discretionary will not be permitted.
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5.4
Heritage District
5.4.1
General Intent
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Land is designated Heritage District to ensure the continuity of important buildings, sites and
features that showcase Heart's Content's history and culture. The Heritage District designation
corresponds to Heart's Content Heritage District, which was so designated by the Heritage
Foundation of Newfoundland and Labrador in 2013.
This designation recognizes the existing mix of public, residential, and commercial uses that have
evolved over time, the town's status as the landing site of the first successful trans-Atlantic
communications cable, and its historic connection to the cod fishery since the 1600's, and its
opportunities for economic development derived from this heritage. It is the goal of Council to
protect and enhance the mixed-use character of this historic area by maintaining the cultural
landscape and encouraging compatible reuse and redevelopment of vacant and underused
buildings and properties.
(1)
Council will carefully manage development in this designation to maintain and enhance
Heart's Content's historic buildings and sites. Land uses and design approaches will be
promoted that preserve and enhance the traditional character of these areas.
(2)
Council will encourage the revitalization of buildings and sites that have suffered from
economic decline by promoting and facilitating adaptive re-use and redevelopment of
vacant and underused buildings and properties.
(3)
The Heritage District designation will accommodate a compatible mix of land uses to
attract new residents and facilitate tourism opportunities.
5.4.2
Compatibility of Uses
(1)
When evaluating a development proposal, Council will pay particular attention to the need
for it to be compatible with the district's heritage buildings and sites.
(2)
Where an area within the Heritage District is predominantly residential in character, a
proposed non-residential use will not be approved if Council deems that it will be
incompatible with nearby residential uses.
(3)
Before permitting a development, Council will be satisfied that its requirements with
respect to building setbacks, buffering between uses, off-street parking, outdoor storage,
and other site related matters can be met.
(4)
Council may impose conditions to require development to comply with the Heart's Content
Heritage Regulations, maintain an attractive appearance and minimize adverse impacts
on existing uses, including proper site layout, buffering, and screening.
5.4.3
Guiding Principles
The following principles will be pursued in managing development within the Heritage District
designation:
(a)
Adaptive reuse and redevelopment of vacant and underused properties and buildings to
the extent that the reuse or redevelopment will be compatible with heritage values and will
contribute to the revitalization of the area.
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(b)
Preservation and enhancement of buildings and structures of architectural and historic
importance.
(c)
Maintenance of the historic community form.
(d)
Maintenance of heritage character with respect to the appearance, scale, siting, and use
of new buildings, expansions and alterations to existing buildings, and restoration and
reuse of dilapidated buildings, structures, and sites.
(f)
Preservation of public rights-of-way, trails, open spaces, and scenic viewsheds.
5.4.4
Use of Discretionary Authority
If Council deems that a proposed development in the Heritage District will adversely affect the
character and heritage of the area, it will exercise its discretionary authority to set terms and
conditions on the development or to refuse the application.
5.4.5
Heritage District Zone
The Development Regulations establish one zone within the Heritage District designation, also
referred as the Heritage District zone.
Zone
Intent
Aoolication
Heritage District
Accommodate a mix of residential,
Land use and development
(HD)
commercial, public, and open space
decisions by Council will be
uses. Protect heritage values and scenic
guided by the Heart's
viewsheds by prohibiting incompatible
Content Heritage
development and demolitions.
Regulations.
1.
Land Use
(1)
Permitted Uses
Permitted housing the Heritage District zone includes single and double dwellings, subsidiary
apartments, and boarding houses.
Accessory buildings will be permitted subject to standards and conditions required by Council.
Home occupations will be permitted within a residential dwelling or an accessory building in
accordance with conditions required by Council.
Community gardens, conservation, and open space are complementary uses that will be
permitted.
Other permitted uses include arts and craft studios, bed and breakfasts, childcare, home offices,
offices, personal services, , transportation, utilities, and visitor rental dwellings.
(2)
Discretionary Uses
Residential uses that may be permitted at Council's discretion include row dwellings, apartment
buildings, tiny houses, and residential care homes, and retirement establishments.
Domestic sawmills and personal livestock uses may be permitted as accessory uses on
residential lots subject to conditions.
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Tourist cottages and glamping facilities may be permitted as a secondary use on residential lots
subject to conditions to ensure they are compatible with the neighbourhood.
Other uses that may be permitted include amusement uses, antennas, catering, cemeteries, clubs
and lodges, commercial accommodations, communications, cultural and civic uses, docks,
drinking establishments, educational uses, emergency services, energy generation facilities,
entertainment uses, general, indoor and outdoor assembly, general services, indoor and outdoor
markets, kennels, light industries, marinas, medical services, mobile vending facilities, personal
livestock uses, places of worship, recreational open space, residential care facilities, shops,
slipways, stages, and take-out food services.
5.5
Commercial-Light Industrial
5.5.1
General Intent
The Commercial-Light Industrial zone is located on the east side of Main Road opposite its
intersection with Cove Road as well as a much smaller area on the east side of Main Street near
the Heart's Content Fire Hall. The intent of the CLI zone is to protect the amenity of existing uses
and allow for more land-extensive commercial and industrial development that cannot be
accommodated or might not be compatible in other areas of the town.
5.5.2
Commercial-Light Industrial Zone
The Development Regulations will establish one land use zone within the Commercia-Light
Industrial designation - also referred to as Commercia-Light Industrial.
Zone
Intent
Application
Commercial-Light
Provide for commercial and
Existing and future commercial-
Industrial (CLI)
industrial development separately
industrial uses in the vicinity of the
from other land use classes.
Main Road-Cove Road intersection.
1.
Land Use
(1)
Permitted Uses
Permitted uses will include contractors' yards, emergency services, garden centres, general
garages, general services, light industries, offices, recycling facilities, service stations, shops,
storage rental facilities, transportation, utilities, and vehicle sales and rentals.
Conservation and open space are compatible uses that will be permitted.
(2)
Discretionary Uses
Development that may be permitted at Council's discretion include antennas, autobody shops,
construction yards, energy generation facilities, general industries, and salvage yards.
Council may permit mineral exploration subject to the provisions of Section 4.2.8, necessary
Provincial approvals, and other conditions deemed necessary by Council.
5.6
Coastal and Marine
5.6.1
Intent
The Coastal and Marine designation abuts the shoreline of Heart's Content Harbour for most of
the distance between the hydro plant in Southern Cove and the Lighthouse at Northern Point.
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Existing land uses in the Coastal and Marine zone include the fisheries marine centre in the
northeast of the harbour, scattered private docks, slipways, and stages, as well as some
accessory buildings in the backyards of residential properties.
The intent of this zone is to protect sensitive coastal features and scenery and accommodate
commercial fishing, marine, and recreational uses that have bona fide need for shoreline access.
5.6.2
Coastal and Marine Zone
The Development Regulations will establish one land use zone within the Coastal and Marine
designation - also referred to as Coastal and Marine.
Zone
Intent
Application
Coastal and Marine
Protect sensitive and scenic coastal
Existing and future
(CM)
features. Accommodate commercial
commercial-industrial uses in
and private uses with a bonafide
the vicinity of the Main Road-
need for shoreline access.
Cove Road intersection.
1.
Land Use
(1)
Permitted Uses
Permitted uses will include conservation, open space, and utilities.
(2)
Discretionary Uses
Development that may be permitted at Council's discretion include boathouses, docks, fisheries
facilities, marinas, marine facilities, slipways, and stages.
Council may permit mineral exploration subject to the provisions of Section 4.2.8, necessary
Provincial approvals, and other conditions deemed necessary by Council.
(3)
Prohibited Uses
Uses that are not listed as permitted or discretionary will not be permitted.
5.7
Parks and Open Space
5.7.1
General Intent
Areas are designated Parks and Open Space for their aesthetic, cultural and heritage values,
passive and active recreation, community gatherings, and tourism development.
5. 7 .2
Parks and Open Space Zone
The Development Regulations shall establish one land use zone within the Parks and Open
Space, also referred to as Parks and Open Space.
Zone
Intent
Aoolication
Parks and Open
Provide land for parks, open space,
Existing and future
Space (POS)
recreational and cultural facilities,
parks and open space
trails, campgrounds, cemeteries,
areas.
outdoor gatherings, community events,
retirement establishments, and
heritage protection.
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1.
Land Use
(1)
Permitted Uses
Permitted uses in the Parks and Public Use zone include community gardens, conservation, and
open space.
(2)
Discretionary Uses
Uses that may be permitted at Council's discretion include , campgrounds, catering, cemeteries,
cultural and civic uses, energy generating facilities, general, indoor and outdoor assembly, indoor
and outdoor markets, mobile vending facilities, recreational open space, and shops.
Retirement establishments with independent-living dwelling units may be permitted subject to
conditions set by Council.
Mineral exploration may be permitted subject to the provisions of Section 4.2.8, necessary
Provincial approvals, and other conditions deemed necessary by Council.
Transportation and utility uses may be permitted at Council's discretion.
(3)
Prohibited Uses
Uses that are not listed as permitted or discretionary will not be permitted.
5.8
Rural
5.8.1
General Intent
Areas are designated Rural to recognize their potential for natural resource utilization, agriculture,
outdoor recreation, and certain commercial and industrial uses that may not be suitable in or near
built-up areas.
5.8.2
Rural Zone
The Rural Resource zone recognizes land used presently or with the potential for forestry, mineral
working, agriculture, mining, and other natural resource developments.
Zone
Intent
Application
Rural {RU)
Recognize lands presently used for or
Undeveloped lands lying
with potential for agriculture, forestry,
outside built-up areas.
mineral working, outdoor recreation,
and natural resource development.
1.
Land Use
(1)
Permitted Uses
Permitted uses in the Rural zone include antennas, community gardens, conservation,
commercial crop agriculture, energy generation facilities, forestry, mineral exploration, open
space, transportation, and utilities.
(2)
Discretionary Uses
Uses that may be permitted at Council's discretion include campgrounds, cemeteries, commercial
~
livestock agriculture, mineral working, mining, mobile vending facilities, multi-use trails, and
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recreational open space. None of these uses will be permitted in any area identified as a Sensitive
Wildlife Area.
At its discretion, Council may permit a single dwelling that is accessory to a bonafide commercial
agricultural use.
Subject to conditions set by Council, a general or light industrial use may be permitted provided
that the use is accessory to a commercial agriculture, forestry, or mineral working use, or is
unsuitable for development within or close to the Heart's Content built-up area.
Subject to conditions set by Council, a construction or salvage yard may be permitted if Council
deems that it would be compatible with the surroundings and would be unsuitable within or near
the town's built-up area.
A catering use, indoor market, outdoor market or shop may be permitted at Council's discretion
provided that the use is accessory to a commercial agriculture use or campground.
2.
Environmentally Sensitive and Scenic Areas
Council may restrict or set conditions on land uses and resource extraction activities in locations
where it deems that steep slopes, geologically unstable areas, wetlands, watercourses, scenic
viewsheds, and other sensitive areas may be negatively affected. In such areas, protection and
conservation will take priority over development.
3.
(1)
Forestry
Commercial forest harvesting, and resource road development will be permitted only in
accordance with the forest management plans of the Department of Fisheries, Forestry
and Agriculture.
(2)
Domestic wood cutting will be permitted in areas designated for this purpose by the
Department of Fisheries, Forestry and Agriculture.
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6.0 IMPLEMENTATION
The Heart's Content Municipal Plan will be implemented over the next 1 O years through decisions
of Council. Of particular importance to Council are the following:
-
Effective administration of the Municipal Plan
-
Public participation
-
Development Regulations
-
The basis of development control, and
-
The procedure for considering amendments to the Municipal Plan.
6.1
Administration of the Plan
The Heart's Content Municipal Plan is comprised of goals and objectives (Section 3 of this
document), community-wide land use policies (Section 4 ), designation-specific land use policies
(Section 5), and a program of implementation (Section 6). The Background Report (Section 2)
provides information but does not form part of the legally binding Heart's Content Municipal Plan.
All development applications will be evaluated as to their conformity to the policies in the Municipal
Plan.
6.1.1
Map Interpretation
(1)
For the purpose of administering the Municipal Plan, Future Land Use Maps 1 and 2
shall be read only in conjunction with the goals, objectives, and land use policies of the
Plan.
(2)
The boundaries of the land use designations shown on the Future Land Use Maps are
general only and, except where they coincide with roads, shorelines, or other prominent
physical features, are not intended to define exact limits. No amendment to the Heart's
Content Municipal Plan shall be required to allow minor adjustments of the land use
boundaries. Other than such minor boundary adjustments, no development shall be
permitted that does not conform to the Plan.
6.1.2
Development Applications
(1)
A person wishing to develop land for any purpose within the Heart's Content Municipal
Planning Area must apply to Council for permission through the established procedure.
Council shall require that all development applications conform fully to the Heart's Content
Municipal Plan before proceeding. Council may refuse or approve the application and may
set conditions on approval. he decision of Council may be appealed to an adjudicator by
the applicant or a third party in accordance with Section 41 ( 1 ) of the Act,
(2)
Once conformity to the Municipal Plan has been established, Council shall ensure that
each development proposal is given an evaluation.
(3)
If Council suspects that a Provincial or Federal policy or statute may come into effect, it
will refer the development proposal to the relevant government department or agency for
approval or comments.
(4)
Council's final decision on an application will be based on the desire to guide the
development of Heart's Content in the best long-term interest of residents and landowners.
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(5)
Provisions regarding appeals of Council decisions on development applications will be
contained in the Development Regulations.
6.1.3
Subdivision Proposals and Agreements
(1)
All persons wishing to subdivide or develop land for any purpose within the Planning Area
shall apply to Council for permission on the prescribed application form and shall submit
a detailed drawing of the proposal indicating the location and dimensions of the land and
the development.
(2)
Council will review the application based on the Development Regulations and
consideration of the following:
(a)
Physical conditions and features of the site and opportunities for and constraints
on development.
(b)
How the proposed subdivision will connect to existing roads, how it will affect
existing developments, and whether it will provide future access to undeveloped
lands in the area.
(c)
Compatibility with surrounding land uses, both existing and future.
(d)
Proposed municipal services and the long-term public costs of providing and
maintaining these services.
(e)
How stormwater drainage will be managed to minimize increased run-off onto
adjacent lands.
(f)
How the development may affect important and sensitive environmental resources.
(3)
Based on its review, Council may approve the application, approve it with conditions, or
refuse it.
(4)
Before approving a development, Council may require the developer to enter into a
development agreement, which will establish the conditions under which development will
proceed and shall be binding on both parties. Any conditions governing the development
will be enforced by attaching them to the development permit.
6.2
Public Participation
The Municipal Plan is an expression of the goals and aspirations of the citizens of Heart's Content,
therefore, periodic reviews of the Plan provide an opportunity for public participation and input
and can be an invaluable tool for the successful implementation of planning.
Council will take advantage of opportunities to involve the public in decision-making processes
with respect to future planning and development of the community.
6.3
Development Regulations
Pursuant to Section 35 of the Urban and Rural Planning Act 2000, Council has adopted the
Heart's Content Development Regulations to implement the goals, objectives, and land use
policies of the Municipal Plan. The Development Regulations control the subdivision and
development of all land within the Heart's Content Planning Area.
6.3.1
Council Responsibility
In accordance with Section 35 of the Urban and Rural Planning Act 2000, the Development
Regulations have been established to ensure that land is controlled and used only in accordance
with the Heart's Content Municipal Plan.
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6.3.2
Content
The Development Regulations:
(a)
divide the Planning Area into land use zones
(b)
indicate permitted and discretionary land uses in each land use zone,
(c)
set out municipal-wide and zone-specific requirements and standards for the subdivision
and development of land,
(d)
set out the administrative procedures for dealing with development permit applications and
the issuing of development and building permits,
(e)
set out the regulations respecting the non-conforming development and use of land,
(f)
set the minimum notice periods for Council decisions respecting discretionary land uses,
non-conforming land uses, and variances,
(g)
set out the regulations and procedures respecting appeals of Council decisions, and
(h)
set out the regulations respecting the enforcement of permit requirements.
6.4
Development Control
6.4.1
Municipal Plan is Binding
The Heart's Content Municipal Plan is a legal document that is binding upon all persons and
organizations including Council.
6.4.2
Council Responsibility
Council shall exercise appropriate control over development in the Heart's Content Planning Area
in accordance with the Municipal Plan and the Development Regulations.
6.4.3
Right to Appeal
An applicant who receives a refusal decision from Council on a development application may
appeal that decision to an adjudicator in accordance with the Heart's Content Development
Regulations. As well a third party who feels aggrieved by a decision by Council may appeal that
decision to an adjudicator.
6.4.4 Provincial and Federal Referrals
If Council deems that a proposed development may be affected by the policies or regulations of
a Provincial or Federal department, the application will be referred to the concerned department
for comments before a permit is issued.
6.5
Amending the Municipal Plan and Development Regulations
This Municipal Plan was prepared based on existing and expected future conditions. It is Council's
intention not to amend the Plan for a five-year period after its adoption, after which another Plan
Review will be undertaken. Nevertheless, if circumstances change in unforeseen ways during the
planning period, Council may consider possible amendments to the Plan.
6.5.1
Municipal Plan Amendment
If Council decides to adopt an amendment to the Municipal Plan, in accordance with Section 25
of the Urban and Rural Planning Act 2000, the amendment procedure will be the same as for the
adoption of the Municipal Plan as a whole. This procedure is outlined in Sections 14 to 24 of the
Act.
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6.5.2
Stand-Alone Amendment to the Development Regulations
(1)
If Council decides to adopt an amendment to the Development Regulations that does not
also require a change to the Municipal Plan, the amendment procedure will be in
accordance with Section 35 (5) of the Act.
(2)
Council shall give notice of the proposed change in a newspaper circulated in the area
and shall receive representations with respect to those changes before forwarding the
adopted amendment to the Department of Municipal and Provincial Affairs and for
registration under Section 24 of the Act.
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